The High Court of Kenya has quashed a Sh1.5 million fine imposed on Kipipiri MP Wanjiku Muhia by the Independent Electoral and Boundaries Commission (IEBC). The fine was related to remarks Muhia allegedly made during a campaign rally ahead of the Ol Kalou by-election in June. The court also overturned a directive requiring Muhia to issue a public apology within 72 hours.
According to court records, Muhia was accused of making statements in Kikuyu that appeared to call for violence against people who were not originally from the constituency. She disputed the English translation contained in the charge sheet, maintaining that it was a loose interpretation of her remarks and did not reflect what she had said.
The dispute led to Muhia being served with a summons and a charge sheet on June 22, 2026. However, the summons did not specify a deadline for filing an answer to the charge or give a hearing date. Her lawyers raised preliminary objections before the committee, seeking an adjournment on the grounds that the notice was inadequate and they had insufficient time to prepare.
The IEBC committee found Muhia guilty of violating paragraph 6(a) of the Electoral Code of Conduct and imposed a Sh1.5 million fine payable within 72 hours. Muhia challenged the decision, arguing that the committee did not follow the required procedure. The IEBC opposed the application, maintaining that Muhia had been given an opportunity to participate in the proceedings.
Justice Nabil Orina ruled that the committee violated the applicable procedural framework and Muhia's right to fair administrative action by failing to give her adequate notice and an opportunity to prepare her defence. The judge emphasized that expeditious resolution of electoral disputes cannot override constitutional safeguards on fair administrative action.
The court added that Section 4(4) of the Fair Administrative Action Act guarantees an affected person the right to attend proceedings, be heard, cross-examine persons giving adverse evidence and seek an adjournment where necessary to ensure a fair hearing. Muhia's lawyers had questioned the nature of the proceedings and challenged the committee's composition.
The ruling has significant implications for electoral dispute resolution in Kenya, highlighting the need for fair administrative action and adherence to procedural frameworks. The court's decision underscores the importance of protecting the rights of individuals involved in electoral disputes.
Key points
- The High Court quashed a Sh1.5 million fine imposed on Kipipiri MP Wanjiku Muhia over alleged campaign remarks.
- The court ruled that the IEBC committee violated Muhia's right to fair administrative action by failing to give her adequate notice and an opportunity to prepare her defence.
- The decision highlights the need for fair administrative action and adherence to procedural frameworks in electoral dispute resolution.
